When approved the plans will be endorsed and will then form part of the Permit.

1. The development as shown on the endorsed plans must not be altered or modified without the prior written consent of the Responsible Authority.
2. Before the development starts, including demolition or bulk excavation, a detailed Construction and Demolition Management Plan must be submitted to, and be approved in writing by, the Responsible Authority. The Construction and Demolition Management Plan must be prepared in accordance with the City of Melbourne - Construction Management Plan Guidelines and must consider, but not be limited to, the following:
   • (a) public safety, amenity and site security;
   • (b) operating hours, noise and vibration controls;
   • (c) air and dust management;
   • (d) stormwater and sediment control;
   • (e) waste and materials reuse;
   • (f) traffic management; and
   • (g) staging of development.

The development must be undertaken in accordance with the approved Construction and Demolition Management Plan to the satisfaction of the Responsible Authority.

1. Before the development starts, including demolition, a report prepared by a suitably qualified Structural Engineer, or equivalent, must be submitted to, and be approved in writing by, the Responsible Authority. The report must demonstrate the means by which the retained portions of building will be supported during demolition and construction works to ensure their retention, to the satisfaction of the Responsible Authority. The recommendations contained within the approved report must be implemented at no cost to City of Melbourne and must be to the satisfaction of the Responsible Authority.
2. Before the development starts, including demolition, a plan detailing the works proposed to the existing building must be submitted to, and be approved in writing by, the Responsible Authority. The development must be undertaken in accordance with the approved plan to the satisfaction of the Responsible Authority.
3. No advertising signs must be erected, painted or displayed on the land without the prior written permission of the Responsible Authority. No architectural features and services other than those shown on the endorsed plans must be permitted above the roof level unless otherwise approved in writing by the Responsible Authority.
4. Before the development starts, a landscape plan to the satisfaction of the Responsible Authority must be submitted to, and be approved in writing by the Responsible Authority. The plan must be drawn to scale with dimensions and three (3) copies provided.

The landscape plan must be generally in accordance with the statement of evidence of Mr John Patrick bearing date February 2015 tabled with the Tribunal in proceeding no. P1595/2014 and must show:

• modifications to the north and west elevations to achieve the vertical structure to support climbing plants and the associated planters
• a planting schedule of all proposed trees, shrubs and ground covers including botanical names, common names, pot sizes, sizes at maturity and the quantities of each plant;
• details of proposed maintenance schedule.

When approved, the Landscape Plan will be endorsed and will then form part of the permit.

1. Before the development is occupied, landscaping as shown on the endorsed landscape plan/s must be carried out and completed to the satisfaction of the Responsible Authority.
2. All landscaping works shown on the endorsed landscape plan/s must be maintained and any dead, diseased or damaged plants replaced, all to the satisfaction of the Responsible Authority.
3. Before the development starts, a Sustainability Management Plan for the development must be submitted to, and be approved in writing by, the Responsible Authority. The Sustainability Management Plan must be to the satisfaction of the Responsible Authority and must specify the requirements to achieve a 5-star rating under the current version of the Green Star - Multi Unit Residential Rating tool or equivalent and one point for a Wat-1 Credit under the current version of the GBCA Green Star - Multi-Unit rating tool. The approved Sustainability Management Plan must be implemented before the development is occupied to the satisfaction of the Responsible Authority.
4. Any change during detailed design, which affects the approach of the approved Sustainability Management Plan, must be assessed by an accredited professional, to the satisfaction of the Responsible Authority. Any amendments to the approved Sustainability Management Plan must be approved in writing by the Responsible Authority before the development starts.
5. Before the development starts (excluding demolition and bulk excavation) a detailed environmental assessment of the site, as recommended in the report by AS James Pty Ltd dated 7 April 2014, must be undertaken to determine if the land is suitable for residential use. This assessment must be conducted by a suitably qualified environmental professional to the satisfaction of the Responsible Authority.

The recommendations of the environmental assessment, if any, must be implemented before the development is occupied to the satisfaction of the Responsible Authority. Should the assessment reveal that an Environmental Audit of the site is necessary then before the development is occupied either:

(a) A Certificate of Environmental Audit must be issued for the land in accordance with Section 53Y of the Environment Protection Act 1970; or

(b) A Statement of Environmental Audit in accordance with Section 53Z of the Environment Protection Act 1970 must be provided. This Statement must confirm that the site is suitable for residential use.

Where a Statement of Environmental Audit is provided, all the conditions must be complied with before the development is occupied, to the satisfaction of the Responsible Authority. Written confirmation of compliance with the conditions must be provided by a suitably qualified environmental professional, or other suitable person acceptable to the Responsible Authority. In addition, sign off must be in accordance with any requirements in the Statement conditions regarding verification of required works.

If there are conditions on any Statement of Environmental Audit that the Responsible Authority considers requires significant ongoing maintenance and/or monitoring, the owner must enter into a legal agreement in accordance with Section 173 of the Planning and Environment Act 1987. This Agreement must be executed on title before the development is occupied. The owner must meet all costs associated with drafting and execution of the Agreement, including those incurred by the Responsible Authority.

1. A convex mirror must be provided at the entrance to the car parking area to allow drivers of exiting vehicles visibility of pedestrians on the footpath, and to allow pedestrians visibility of any exiting vehicles. The convex mirror and its position must be to the satisfaction of the Responsible Authority.
2. Before the development starts, a Waste Management Plan must be submitted to, and approved in writing by, the Responsibility Authority. The Waste Management Plan must detail waste storage and collection arrangements and must comply with the City of Melbourne Guidelines for Preparing a Waste Management Plan 2014.

The waste storage and collection arrangements must be in accordance with the approved Waste Management Plan. The approved Waste Management Plan must not be altered or modified without the prior written consent of the Responsible Authority.

1. Any projections over the street alignment must be drained to a legal point of discharge in accordance with plans and specifications first approved in writing by the Responsible Authority.
2. Before the development starts, a stormwater drainage system incorporating integrated water management design principles must be submitted to, and be approved in writing by, the Responsible Authority. This system must be constructed before the development is occupied and provision must be made to connect this system to the City of Melbourne's stormwater drainage system.
3. Before the development is occupied, all necessary vehicle crossings must be constructed and all unnecessary vehicle crossings must be demolished and the footpath, kerb and channel and/or services including the conversion of the Fire Hydrant to a Fire Plug, must be reconstructed at the cost of the developer, in accordance with plans and specifications first approved, in writing, by the Responsible Authority.
4. Before the development is occupied, the footpaths adjoining the site along Barry Street, Pelham Street and Berkeley Street must be reconstructed together with associated works including the reconstruction or relocation of kerb and channel and/or services as necessary at the cost of the developer, in accordance with plans and specifications first approved, in writing, by the Responsible Authority.
5. Existing street levels in Barry, Pelham and Berkeley Streets must not be altered for the purpose of constructing new vehicle crossings or pedestrian entrances without first obtaining written approval from the Responsible Authority.
6. Existing public street lighting must not be altered without first obtaining the written approval of the Responsible Authority.
7. All street furniture such as street litter bins, recycling bins, seats and bicycle rails must be supplied and installed on Barry, Pelham and Berkeley Streets footpaths outside the proposed building to plans and specifications first approved, in writing, by the Responsible Authority.
8. Before the development starts (including any demolition, bulk excavation, construction or carrying out of works), the owner of the land must pay $15,000 plus a sum for the greening reinstatement value to the City of Melbourne for the costs in connection with the removal or replacement of the street tree, including the amenity value, tree ecosystem services and replacement value of the tree in Berkeley Street to be removed. Tree planting and species selection will be undertaken to the satisfaction of the City of Melbourne - Urban Landscapes. The developer/owner of the site must notify City of Melbourne - Urban Landscapes when the site is ready for tree planting.
9. Any City of Melbourne owned trees which are shown on the endorsed plans to be removed or replaced, lopped or pruned must not be removed, lopped or pruned without the prior written consent of the Responsible Authority. Only people authorised by the City of Melbourne can remove trees. All costs in connection with the removal, relocation or replacement of the trees must be met by the developer/owner of the site.
10. Before the development starts (excluding demolition and bulk excavation), the wind tunnel testing by Vipac Engineers and Scientists dated 31 March 2014 must be carried out on a model of the amended development proposal. Any updated recommendations of the testing must be incorporated into the design.
11. This permit will expire if one of the following circumstances applies:
    • (a) The development is not started within two years of the issued date of this permit.
    • (b) The development is not completed within four years of the issued date of this permit.

In accordance with Section 69 of the Planning and Environment Act 1987, an application may be submitted to the Responsible Authority for an extension of the periods referred to in this condition.

[1] We have considered the submissions of all the parties that appeared, all the written and oral evidence, all the exhibits tendered by the parties, and all the statements of grounds filed. We do not recite or refer to all of the contents of those documents in these reasons.

[2] Angel & Naggar Superannuation Fund v Melbourne CC [2014] VCAT 1445.

[3] Rush v Melbourne CC [2009] VCAT 2211.